The opinion of the court was delivered by: Reagan, District Judge
ORDER on MOTIONS IN LIMINE & FINAL PRETRIAL MATTERS
As stated on the record at the February 27, 2009 final pretrial conference, the Court rules as follows on Plaintiffs' ("¶") and Defendants' ("Δ") motions in limine.
Δ #1 seeking to exclude evidence of insurance coverage or financial status of any party (Doc. 39): GRANTED as to Defendants' insurance coverage and RULING RESERVED as to the parties' financial status. Prior to soliciting testimony about Defendants' financial status, Plaintiffs' counsel should request a sidebar.
Δ #2 seeking to prohibit emphasis on Murdale True Value's corporate status (Doc. 40): GRANTED in part & DENIED in part. Defendant Murdale's corporate status is relevant but ought not be emphasized.
Δ #3 seeking to exclude evidence/argument relating to Kevin Harrison's excessive speed (Doc. 41): DENIED.
Δ #4 seeking to exclude evidence of "subsequent remedial measures" (Doc. 42): DENIED at this time.
The admissibility of this evidence substantially depends on the facts developed at trial and the laying of an appropriate foundation, rendering a final ruling a this juncture premature. The Court further notes that Defendants' motion refers to two components of "subsequent remedial measures:"
(1) Murdale's adoption of new inspection policies and
(2) Harrison's assumption of new job duties.
The motion does not clarify (and the Court cannot ascertain) how Harrison's changed job duties constitute a "subsequent remedial measure."
As to new inspection policies adopted by Murdale post-accident, the Court's ruling will depend on how the evidence is adduced at trial. For example, if feasibility is denied by Defendants, then certain subsequent remedial measures may be admissible.
Δ #5 seeking exclude evidence of settlement negotiations (Doc. 44): GRANTED (without objection by Plaintiff).
Δ #6 seeking to exclude evidence/argument regarding spoliation of evidence (Doc. 45): DENIED as over broad.
Δ #7 seeking to exclude non-party trial witnesses from the courtroom (Doc. 47): GRANTED as described at final pretrial ...